1. Clean Water Act/NPDES Regulatory Updates
Fall Conference
October 24, 2018

2. NPDES Phase I Update Rule
Proposed NPDES Application & Permits Update Rule
Public noticed May 2016
Targeted revisions to certain definitions and standard forms
Proposed changes to anti-degradation, dilution allowance, and how reasonable potential requirements are calculated
Also proposed to transform “administratively” extended state permits into final permits
Spring 2018 Regulatory Agenda announced the NPDES Rule Update Rule will be released in two phases
Phase I expected to be released in December 2018
Fall Conference
October 24, 2018

3. 2015 Multi-Sector General Permit
Multiple eNGOs challenged final permit
Mandatory numeric limits; create public participation requirements
Federal Water Quality Coalition intervened; settlement agreement
National Research Counsel study
Review of existing literature for benchmark monitoring and whether improvements over the 2015 permit are necessary
Evaluation of the feasibility of adding numeric standards to 2020 MSGP
Evaluation of recommendations to identify “high priority” industrial sectors for additional discharge characterization & monitoring
NRC expected to release its final report late 2018
Fall Conference
October 24, 2018

4. 2017 Construction General Permit
Reissued January 2017
Challenged by two eNGOs and National Association of Home Builders
eNGOs – site stabilization deadlines not protective for material piles
NAHB – CGP holds “any” operator liable, either jointly or severally, for another operators failure to comply with the permit
Joint motion accepted by the court June 2018
Public notice-and-comment rulemaking expected in 2019
Fall Conference
October 24, 2018

5. Hydrological Connection Theory
Clean Water Act Coverage of “Discharges of Pollutants” via a Direct Hydrologic Connection to Surface Water, 83 Fed. Reg (Feb. 20, 2018)
58,000 comments submitted
Substantive comments (~200) submitted by eNGOs, elected officials, industry, state & local governments, trade-associations
Three emerging themes
Comments urging EPA to “take action”
Comments urging EPA to “take no action”
Comments urging EPA to “preserve state flexibility and to provide targeted clarifications”
Possible guidance or rulemaking in 2019?
Fall Conference
October 24, 2018

6. Waters of the United States
Executive Order 13778
Two-step rulemaking process
Applicability date rule
Next Steps

7. Questions…
Jim Kudlinski Supervisor| Environmental Field Services P.O. Box 52025| Mail Station XCT310| Phoenix, AZ P: (602) | C: (480)
Fall Conference
October 24, 2018